Vietnam will introduce significant updates to its intellectual property (IP) regime effective April 1, 2026, under the Law on Intellectual Property revised by Law No. 131/2025/QH15. The changes clarify how IP rights are established, streamline registration procedures, and shorten examination timelines – marking a notable shift toward administrative efficiency and legal certainty.
Under the revised framework, Vietnam reaffirms and refines the legal grounds for the creation and recognition of IP rights. From April 2026, IP rights are formally defined as the rights of organizations and individuals over:
This consolidated definition aligns Vietnam’s legal framework more closely with international standards.
Notably, the revised law also empowers the government to define the conditions for establishing IP rights for creations involving artificial intelligence (AI), signaling a forward-looking regulatory approach.
Copyright arises automatically once a work is created and fixed in a tangible form, regardless of publication status or registration. Similarly, related rights (e.g., performances, recordings, broadcasts) are established upon fixation or execution, provided they do not infringe existing copyrights.
These rights are primarily established through registration or official recognition:
Patents, industrial designs, layout designs, and trademarks require a protection title issued by competent authorities or recognition under international treaties.
Well-known trademarks are protected based on use, without requiring registration.
Geographical indications are protected through registration or treaty-based recognition.
Trade names and trade secrets are established through lawful use and confidentiality measures.
These are granted upon issuance of a Plant Variety Protection Certificate granted by competent authorities in accordance with the provisions of the revised IP Law.
Eligible applicants: Vietnamese entities and foreign individuals residing or operating in Vietnam may file directly or through authorized representatives. Foreign applicants without a local presence must file through a licensed IP representative in Vietnam.
Vietnamese entities and foreign individuals residing or operating in Vietnam may file directly or through authorized representatives.
Foreign applicants without a local presence must file through a licensed IP representative in Vietnam.
Submission formats: Applications can be filed in paper form or electronically via the national IP filing system.
Applications can be filed in paper form or electronically via the national IP filing system.